HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA A.S.No. 1020 OF 2012

J U D G M E N T:

This is Plaintiff’s Appeal filed under Section 96 of CPC, impugning the Judgment and Decree of dismissal dated 06.01.2012 passed by the learned Senior Civil Judge at Siddipet in O.S.No. 123 of 2007.

2. For brevity, the parties are referred to as they were arrayed in O.S.No. 123 of 2007.

3. Plaintiff and father of Defendants 1 to 5 are biological brothers and are sons of Late Abdul Rasool who died in 1952. After the death of Abdul Rasool, Revenue Authorities mutated the name of Plaintiff and father of Defendants 1 to 5 in Shikmi column and Pattadar column vide proceedings No.A1/5/13/53/D2/53, in the revenue records in respect of the agricultural lands in Survey No. 53/AA admeasuring Acs.17-11 Gts, of Ponnala Village, Siddipet Mandal, Medak District. The above mentioned property is the Suit Schedule Property.

4. Plaintiff requested Defendants to partition the suit schedule property by meets and bounds, personally and so also through mediators, however, Defendants were postponing the same on one pretext or other and finally, Plaintiff on 29.07.2007 had requested for partition which was refused by Defendants and h